Skip to main content

My elderly mother (91) wants to keep her house till after she dies . Her power of attorney wants to sell it now.

Renton, WA |

She doen't need the house but also doesn't need the money for living from the sale either.
Is it better to sell it now or let her have the house and let it got to probate ?

Attorney Answers 6

Posted

I agree with the other attorney. All of the assets need to be considerd and weighed. If the elderly individual is competent, she can revoke the POA and appoint someone else to stop the house from being sold. There are many good reasons not to sell the house, and very few reasons to sell it. See an attorney ang get the documents in order.

Mark as helpful

5 lawyers agree

Posted

You should probably retain an Estate Planning attorney. It is very important to have the documents in order for the efficient use and transfer of assets at that time of life. Avoiding excessive taxation can make it well worthwhile to have the documents done professionally.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

So long as your mother has capacity it is up to your mother rather than the POA agent whether to sell the house. That being said whether it is better to sell depends on finances, goals, taxes, and other factors that an attorney and financial planner could discuss with you.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

a power of attorney contemplates the designation of a persont to act for you should you need it due to health, incapacity, etc. it does not convey ANY RIGHTS IN THE PROPERTY TO THE POA directly or indirectly.

all other things being equal, if your mom is competent, i respectfully suggest that she should have her property held AS SHE WISHES.

if there is such a profound difference between your mother and the poa, it may well be time to revoke the power--really easy to do. at that time she can have no poa or appolnt someone else.

good luck,sorry that i am not in washington or i would help you.

kate

of course, you and i are not forming an attorney client relationship. Representation in Florida Courts and Federal courts nationwide. Argued at the United States Supreme Court,

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

If you are worried about probate, your mother can establish a revocable living trust to avoid probate.
She could also consider transferring the house to a Medicaid asset protection trust. Consult an elder law attorney in your are to see if that is a good option.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

Please note that if you are in Renton, Washington law applies. Please consult with an attorney who is licensed to practice in Washington and knows Washington law.

This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.

Mark as helpful

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics